Dismissal

New and updated

• Type:

  FAQs

  Can employers include a reservist's role in a redundancy pool?

• Type:

  Employment law cases

  Ill-health dismissal: Length of service is not, of itself, automatically relevant in cases of ill-health dismissal

  In BS v Dundee City Council [2014] IRLR 131 CS, the Court of Session found that a tribunal failed to address crucial questions in deciding whether or not an employee had been fairly dismissed for long-term absence and had been wrong to assume that the employee's length of service was a relevant consideration. Long service was relevant only insofar as it could lead to the inference that the employee was a good worker who would return to work as soon as possible.

• Type:

  Employment law cases

  Whistleblowing: emails to different individuals taken together may amount to a qualifying disclosure

  The Employment Appeal Tribunal agreed with an employment tribunal that emails sent by the claimant taken together were capable of amounting to qualifying disclosures, even though the emails were sent to different individuals in different departments.

• Type:

  Employment law cases

  Whistleblowing employees fairly dismissed for disclosing concerns to the media

  In this case, a charity fairly dismissed two whistleblowing employees for the manner in which they had raised their concerns.

• Type:

  Employment law cases

  Case round-up

  Victoria Bell is managing associate and Gerri Hurst, Carly Mather and Andrew Nealey are associates and Eleanor Cittern is a trainee solicitor at Addleshaw Goddard LLP.

• Type:

  Employment law cases

  Age discrimination: council not required to cap redundancy pay for older worker

  The Employment Appeal Tribunal has rejected a council's claim that it was required by an enactment to place a cap on the redundancy pay of an older worker who had reached civil service pension age.

• Type:

  Employment law cases

  Employee tries to withdraw resignation letter written during routine performance appraisal meeting

  Should a hotel have allowed an employee to withdraw a resignation letter that she wrote while agitated during a routine meeting to assess a "mystery-shopper" visit? That was the issue in this employment tribunal.

• Type:

  Employment law cases

  Fashion retailer's "wardrobe guidelines" for staff did not suggest policy on employees' body sizes

  This constructive dismissal claim against a fashion retailer was unsuccessful, but it does reveal some of the difficulties that can arise when employers in this sector require their staff to project a particular image.

• Type:

  Employment law cases

  Case round-up

  Colin Makin, Krishna Santra, Linda Quinn and Sandra Martins are senior associates and Melissa Powys-Rodrigues is an associate at Colman Coyle Solicitors. They round up the latest rulings.

• Type:

  Employment law cases

  Unfair dismissal: £15,000 for Portuguese care worker dismissed for single use of rude word

  A tribunal award of nearly £15,000 was the result of this employer's multiple failures when dismissing a Portuguese care worker with a poor grasp of English for the use of a single inappropriate word in the presence of a member of the public.